Obey Court Ruling on 2023 Electoral Offences, SERAP Tells INEC

SERAP Calls for Immediate Action by INEC

SERAP urged INEC to enforce a court ruling mandating the prosecution of electoral offences from the 2023 general elections. Justice Obiora Egwuatu delivered the ruling on 18 July 2024. The ruling requires INEC to prosecute bribery and electoral violations. It specifically targets cases involving state governors and their deputies.

Justice Egwuatu’s Court Ruling

The judgment came in response to a lawsuit brought by SERAP, demanding accountability for electoral offences. SERAP highlighted that recurring issues such as bribery and violence during elections have damaged Nigeria’s democratic process. The organisation pointed out that recent incidents in Edo State prove that INEC has yet to fully address the problems that plagued the 2023 elections.

SERAP’s Warning to INEC

In a letter addressed to INEC Chairman, Professor Mahmood Yakubu, SERAP urged INEC to implement the court’s directives within seven days. Failure to act, according to the organisation, would result in legal action against INEC for contempt of court. SERAP emphasised that INEC’s inaction continues to fuel impunity for electoral offences, threatening the integrity of future elections.

INEC’s Obligation Under the Law

Justice Egwuatu directed INEC to appoint independent counsel to investigate electoral bribery, vote-buying, and other crimes. The ruling focuses on top government officials involved in these offences. The court also instructed INEC to promptly prosecute individuals arrested for electoral offences. It emphasised the need for no delays in these prosecutions. This, according to SERAP, is essential for restoring trust in Nigeria’s electoral system.

Concerns Over INEC’s Non-Compliance

SERAP has raised concerns that INEC’s failure to obey the court ruling undermines Nigeria’s legal and electoral systems. The group stressed that compliance with the judgment would not only reinforce the rule of law but also deter future electoral offences. Ignoring the court order, they argued, violates Section 287 of the Nigerian Constitution, which obliges authorities to uphold judicial decisions.

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Need for Accountability in Electoral Offences

SERAP warned that INEC’s inaction could embolden perpetrators of electoral crimes, increasing future election violence and misconduct. They urged immediate enforcement of the court ruling to restore public trust in the electoral process. SERAP emphasised that prompt action is essential for maintaining Nigeria’s democracy. They stressed the need for credibility and transparency in future elections.

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